Appeal No. 1997-0496 Page 5
Application No. 08/387,935
While we accept the examiner’s premise that the layer of Horstmann having the
matrix and active substance, i.e. medicament, is the same as appellants’ barrier layer, the
premise fails to provide for an additional medicament containing layer as required by the
claimed subject matter. Hence it neither anticipates nor renders obvious the claimed
subject matter.
Furthermore, we determine that the barrier layer of Horstmann which controls the
access of liquid to the medicament layer contains neither a water soluble nor water
swellable hydrophilic phase as the discontinuous phase in a hydrophobic matrix.
Based upon the above analysis, we have determined that the examiner’s legal
conclusion of anticipation and obviousness is not supported by the facts. Accordingly, we
do not sustain the examiner’s rejections.
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